CLIENT LEGAL PRIVILEGE IN NSW
Client legal privilege is the principle that communication between a client and their lawyer, of which the dominant purpose was the provision of legal advice or legal services to the client, is confidential and cannot be disclosed by the lawyer.
Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing the best outcomes for clients who have been charged with a criminal offence.
If you or anyone you know have been accused or charged with a criminal offence, contact our award-winning team of specialised criminal lawyers at Criminal Lawyers Group immediately for a free and confidential consultation.
DOES CLIENT LEGAL PRIVILEGE APPLY TO FIRST FREE CONSULTATION?
Yes, your first free consultation with Criminal Lawyers Group is covered by the principle of client legal privilege and confidentiality, as are all ongoing legal communications with our specialised lawyers.
CLIENT LEGAL PRIVILEGE ARISING FROM LEGAL ADVICE
Section 118 of the Evidence Act 1995 (NSW) states that evidence is not to be adduced if, on objection by a client, the court finds that adducing the evidence would result in disclosure of:
- a confidential communication made between the client and a lawyer, or
- a confidential communication made between 2 or more lawyers acting for the client, or
- the contents of a confidential document prepared by the client, lawyer or another person,
for the dominant purpose of the lawyer, or one or more of the lawyers, providing legal advice to the client.
CLIENT LEGAL PRIVILEGE ARISING FROM LEGAL SERVICES FOR LITIGATION
Section 119 of the Evidence Act 1995 (NSW) states that evidence is not to be adduced if, on objection by a client, the court finds that adducing the evidence would result in disclosure of:
- a confidential communication between the client and another person, or between a lawyer acting for the client and another person, that was made, or
- the contents of a confidential document (whether delivered or not) that was prepared,
for the dominant purpose of the client being provided with professional legal services relating to an Australian or overseas proceeding, or an anticipated or pending Australian or overseas proceeding, in which the client is or may be, or was or might have been, a party.
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CAN COURTS FORCE MY LAWYER TO BREACH CLIENT LEGAL PRIVILEGE?
No, a Court cannot compel your lawyer to breach their obligation of client legal privilege. However, there are circumstances where client legal privilege itself does not exist and where communication is not protected by confidentiality. This includes instances where:
- The communication was in furtherance of fraud or an abuse of power, or
- The dominant purpose of the communication was not the provision of legal advice or legal services.
Furthermore, a client has the right to waive his or her client legal privilege.
SHOULD I TELL MY LAWYER EVERYTHING ABOUT MY CASE?
Yes, to receive the best legal representation it is important you disclose everything about your case to your criminal lawyer. Do not withhold any information about your criminal matter from your lawyer, even if you believe withholding the information will assist your case. Your lawyer can best assist you if presented with all the information and having the lawyer unaware of things that are revealed at a later stage may jeopardise your case.
DO NOT DISCUSS YOUR MATTER WITH OTHERS
Only discuss your criminal matter with your criminal lawyer and with anyone your criminal lawyer advises you may discuss it with.
This is crucial as your communication with people other than lawyers is not protected by legal privilege and, as such, may prejudice your defence, particularly if the other people are witnesses in a potential criminal trial.
Things you say to family and friends may be used against you.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with a criminal offence, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free and confidential consultation so that we may secure the best outcome for you.
Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts, bail, Section 10 dismissals and the withdrawal of charges for our clients across NSW who have been charged with criminal offences.